Section 096-860-5 - Sampling and Analysis of Waste OilA. A waste oil dealer is responsible for determining the quality of the waste oil which he offers for sale.B. The owner or operator of a waste oil storage facility shall have all waste oil which he offers for sale sampled and analyzed in accordance with methods and procedures acceptable to the Department (See Appendix I for guidance).C. The waste oil shall be analyzed, at a minimum, for the parameters set forth in Sections 4B and 4C of this rule.D. In lieu of sampling and analyzing each shipment, a waste oil dealer may propose in his license application to analyze and certify individual tank batches. Under such a plan, if approved by the Board, each batch shall be assigned a batch number. After the tank batch has been sampled and analyzed, no additional waste oil shall be added to the tank until the entire contents of the tank have been distributed. The waste oil contained in each tank shall not be sold or distributed unless and until analysis indicates that the waste oil meets the standards set forth in Sections 4B or 4C. Additional waste oil may be added to a tank if a new batch number is assigned and the waste oil re-sampled and analyzed before any waste oil is distributed from the tank.
In addition, a duplicate sample of each tank batch shall be taken and labeled so as to indicate the batch number, the sample date, the tank from which it was taken, and the same of the sampler. Such samples shall be maintained by the facility in a dark, cool, secure environment, for a minimum of sixty (60) days and samples shall be made available to the Department of Environmental Protection upon request.
E. Laboratory analyses shall be performed prior to delivery of the waste oil to the end user. The owner or operator of a waste oil storage facility shall not offer for sale any waste oil that does not meet the standards set forth in either Section 43 or 4C of this rule.F. Records of all analyses performed and any other assurances of compliance shall be retained by the waste oil dealer at his place of business for a period of not less than three (3) years. The period of retention of records is extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Commissioner.G.Such records shall be made available to the Department or the Office of the Attorney General upon request.H. The Department reserves the right to retain agents to obtain waste oil samples for analysis from waste oil dealers at any time.06- 096 C.M.R. ch. 860, § 5